Delaware Code Title 4 Sec. 708 – Prohibition of sales to certain persons
(a) No person or licensee shall sell any alcoholic liquor to any:
(1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older;
(2) Person to whom such sale is prohibited;
(3) Individual who habitually drinks alcoholic liquor to excess, or to whom the Commissioner and/or Division has, after investigation, decided to prohibit the sale of such liquor because of an appeal to the Commissioner and/or Division by the husband, wife, father, mother, brother, sister, employer or other person depending upon, employing or in charge of such individual, or by the mayor or other competent representative of any city, town, or other incorporated place; the interdiction in such case shall last until removed by the Commissioner and/or Division.
Terms Used In Delaware Code Title 4 Sec. 708
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. See Delaware Code Title 4 Sec. 101
- Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
- Person: includes an individual, a partnership, a corporation, a club or any other association of individuals. See Delaware Code Title 4 Sec. 101
- Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
- Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
(b) No sale made to any person mentioned in this section, other than an individual who has not reached the age of 21 years, shall constitute a misdemeanor unless the Commissioner and/or Division has informed the seller, by registered letter, that it is forbidden to sell to such person or unless the fact is otherwise known to the seller.
38 Del. Laws, c. 18, § ?34; Code 1935, § ?6163; 41 Del. Laws, c. 249, § ?1; 4 Del. C. 1953, § ?715; 49 Del. Laws, c. 57, § ?1; 58 Del. Laws, c. 511, § ?1; 59 Del. Laws, c. 107, § ?55; 61 Del. Laws, c. 493, § ?2; 64 Del. Laws, c. 216, §§ ?1, 2; 67 Del. Laws, c. 109, § ?19; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 486, § ?10; 75 Del. Laws, c. 255, § ?1; 78 Del. Laws, c. 179, § ?2; 80 Del. Laws, c. 61, § ?1;